FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Legal Defenses to a California Driving Under the Influence Charges – Person was not Driving the Vehicle

If you are charged with a DUI offense, one of the defenses you can use is that you were not driving the vehicle. While the no driving defense appears to be simple and straight-forward, it is somewhat complicated. Here is a look at how the no driving defense works, how effective it is, and what prove is required.

 

How Does a “No Driving” Defense Work?

The no driving defense simply means you were not driving the car or that the car was not driven at all. When using this defense, your lawyer will not argue about BAC levels or how drunk you were, you are not breaking the law by sitting in a car while drunk.

The no driving defense applies when:

You are found sleeping in a parked car intoxicated but you did not drive the car

· You own the car but another person was operating it

· Someone reported that you were driving erratically and when police came to your premises, they found you drunk

· You were involved in an accident and the police arrested you for simply standing near the vehicle

 

Should Police Assume You Are Driving?

The trouble with this defense arises from this question. Most drunk driving charges start in one of the following ways:

· The police pull you over for a traffic law violation and they suspect that you are drunk

· The police stop you at a DUI roadblock and you are found to be drunk

· You get involved in an accident and you either admit to driving the car or a witness testifies that they saw you driving the car

In all the scenarios above, the police are sure you were driving the car because they saw you or were told you were driving. What if they never saw you driving and there is no witness who saw you driving?

The law permits law enforcement agencies to infer that you were driving the vehicle by considering the facts of the case. For example, if the police respond to a report that a vehicle hit a tree and you are found drunk in the driver’s seat, they can reasonably assume that you were driving the car. Therefore, they can arrest you on the assumption that you were driving the car even though they are not right.

Some of the scenarios where the law permits police to assume that you were driving are as follows:

· Where a car with your plate numbers is reported as being involved in drunk driving. When the police arrive at your home, they find you intoxicated

· Police find you resting or asleep in your car, and the engine is running

· You are alone in the car with no one else around

· After an accident, you are found standing next to your vehicle

Although an officer may make these assumptions, it does not mean they will be upheld in court. A no driving defense holds that the police officer made the wrong assumption.

 

Is a Driving Defense Effective?

A no driving defense is effective provided your story reflects the facts of your case. This means you cannot lie that you were not driving when the facts place you as the driver of the vehicle. For example, if you hit a pole while driving and there is no one around, it is obvious you were the driver of the car.

It is also important for you not to admit to driving. If you confess to witnesses or officers that you were operating your car, it becomes difficult to say otherwise when building a no driving defense case. However, the only way you can take back your word is if there was a legitimate reason that led you to make inaccurate statements.

 

How Do You Prove You Were Not Driving?

The no driving defense is dependent on the circumstances of your arrest:

· If your car was on the move but you were not driving it, you should be able to point out the driver

· If you are found in a parked or stopped car, and there is no accident, the onus is on the police to prove that you were driving. In any case, it is not unlawful to sit in your car resting while the engine is running

 

What Evidence is Required For a No Driving Defense To Succeed?

The evidence that can help you succeed in a no driving defense includes:

· An alibi: Someone can testify that you were in another place and not driving the car or that you started drinking after arriving home safely

· Eyewitness testimony

· Video footage: Like a parking lot’s security camera


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us